Have Legal Questions? Ask a Lawyer Now.
This would be classified as a contract dispute. Thus, whether he has a claim depends on your agreement with him.
What kind of merchandise are we talking about?
Did he agree that you should store the merchandise and did he agree to storage fees?
Is there a written agreement?
I look forward to hearing back from you.
They are real estate signs 4' x 5' on posts. It was set up (in 2006) as we would build install, take down, store his signs on an ongoing basis. This lasted about six months and then I never heard from him until now.
There is no written agreement just a paid invoice for the signs. He claims we didn't make them all and that we owe him money or more signs. I have three of the five signs (the other two are???) he has also accused me of not even making them but he still doesn't seem in any hurry to pick up what we have.
Thanks for your response.
From what you said, I'm understanding that the agreement was that if he paid for the signs, you would store them for him. There was no limitation on the amount of time for which you would store them. Also, you have lost track of two of the signs for which he paid.
Given these facts, he might have a claim. It sounds like you struck a bad deal by agreeing to store the signs for him without any limitation on how long or whether if after a certain point in time he would owe you storage fees. Also, if you can't prove that you delivered two of those signs to him already, then you might have some trouble there too.
Did you incur any actual expenses directly related to the storage of these signs?
Do you have any recollection of him taking the two signs which you cannot account for?
He's not asking for the other two because they were on properties that he listed. If I want to end this can i just end it?
OK, I'm just trying to get a grasp on what is going on.
He's demanding that he get the three signs that you are storing. You are asking whether you can charge him storage fees since he's left them there for so long.
I think because your arrangement was open ended, you should tell him to come pick up the signs if he wants them, and then invoice him for a reasonable storage fee after he's picked them up. At least at that point, he does not have a claim against you and you can decide whether or not you want to pursue him on the unpaid storage fees.
If he doesn't schedule a time in which he's going to pick up the signs, send him a certified letter that says if he doesn't pick up the signs, you are going to throw them away within a certain amount of days. He has a duty to act reasonably. As long as you communicate with him, then his refusal to pick up the signs is his problem, not yours.
Please rate my answer positively so I can receive credit for my work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).